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What is the difference between trust litigation and financial elder abuse litigation?

Generally, from a beneficiary‘s perspective, the difference between trust litigation and financial elder abuse litigation is when the money or property was wrongfully taken.  Financial elder abuse litigation occurs when the person who was leaving property to you (for example your  mother or father) has that property taken from them while they are alive.  Usually this happens when someone close to them has them transfer title to real estate, or uses a durable power of attorney or trust to make a “gift” of property.

Trust litigation usually involves events after your loved one’s death.  An important exception is when the trust litigation is to set aside a trust or will.  By definition, the trust or will had to be created during your loved one’s life.  Otherwise the trust litigation is nearly always because the trustee won’t provide a copy of the trust, won’t provide a trust account, or won’t distribute trust property.

Beneficiary (noun):

A person who benefits from a trust, will, or life insurance policy. This includes heir, heiress, inheritor, legatee; recipient, receiver, payee, donee, assignee; devisee, grantee.

Estate (noun):

An estate includes the things that a person owns. The things left by someone who has died can be distributed based on a Will, Trust, or Intestate laws. Estates have to be administered in the Probate Court if the estate meets certain criteria. See our Infographic on The Probate Process.

Scott Grossman

Scott Grossman


The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307

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